The following procedure
is generally observed: the representative of the State party is invited to introduce the
report by making brief introductory comments and introducing any written replies to the list of issues drawn up by
the pre-sessional working group. The Committee then considers the report by clusters of articles (usually articles
1-5, 6-9, 10-12 and 13-15), taking particular account of the replies furnished in response to the list of issues.°
The Chairperson will normally invite questions or comments from Committee members in relation to each issue
and then invite the State party representatives to reply immediately to questions that do not require further
reflection or research. Any remaining questions are taken up at a subsequent meeting or, if necessary, may
be the subject of additional information provided to the Committee in writing. Members of the Committee are
free to pursue specific issues in the light of the replies thus provided, although the Committee has urged them
not to (a) raise issues outside
the scope
of the Covenant;
(b) repeat questions already posed or answered;
(c) add unduly to an already long list on a particular issue; or (d) speak for more than five minutes in any
one intervention. Representatives of relevant specialized agencies and other international bodies may also be
invited to contribute at any stage of the dialogue.
Remarkably, the Commission was invited by the Committee Chairperson to give its comments within the dialogue,
we were informed by the secretariat that this has been the first instance that a National Human Rights Institution
was ever invited to speak within the dialogue of the State Party and the Committee.
presented her views on the implementation of the Covenant.
Chairperson Leila de Lima
CONCLUDING OBSERVATIONS, MAPPING OF RESPONSIBLE AGENCIES
The final phase of the Committee’s examination of the report consists of the drafting and adoption of its concluding
observations.
For this purpose, the Committee
usually sets aside a brief period in closed session
immediately
after the conclusion of the dialogue to enable its members to express their preliminary views. The country
rapporteur then prepares, with the assistance of the secretariat, a draft set of concluding observations for
consideration by the Committee. The agreed structure of the concluding observations is as follows: introduction,
positive aspects,
factors and
difficulties impeding
the implementation
of the Covenant,
principal
subjects of
concern and suggestions and recommendations. At a later stage, the Committee then discusses the draft, again
in private session, with a view to adopting it by consensus.
The section presents concluding observations vis a vis a mapping of state responsibility,
document that guides the Commission on Human
which is the outcome
Rights in monitoring the progress of the recommendations
arising from the treaty reporting process.
The Mapping Document is a product of the ‘Human Rights Based Approach’ tools that the Commission has
applied in it monitoring work. This will be used as a template for the Government's report card on how it has
fared in considering and acting on the Committee on ESCR’s recommendations.
The Mapping features 4 categories of duty bearers, the three branches of government, independent, constitutional
bodies
(including
the CHRP)
alongside
civil society.
The
three
branches
of government
to reflect the State’s primary obligation to human rights and as such, the Commission
the ‘Branches of State Responsibility’:
independent Bodies’.
the Executive,
has
been
renamed
has chosen to call it
the Legislative, and the Judiciary with Coinstitutional,
This Mapping document also signals ‘Human Rights Cooperation’ as a mode of engagement among the
duty bearers and necessitates the inclusion of claim holders or rights bearers in the process implementation
monitoring. Cooperation involves two objectives:
First is to build awareness and capacities in government institutions in order that they are able to adopt rights
based approaches in performing their functions and to enable them to fulfill their responsibility to promote and
protect human rights;
8
3
Ibid.
Ibid.
xi